Division 4 — SCHOOL FACILITIES

SEC. 15-115. TITLE.

This division shall be known and may be cited as the “School Facilities Fee Ordinance.”

(`64 Code, Sec. 27-77.1) (Ord. No. 1781)

SEC. 15-116. AUTHORITY.

This division is adopted pursuant to the provisions of Cal. Gov't Code, Chapter 4.7, commencing with Section 65970, of Division 1 of Title 7.

(`64 Code, Sec. 27-77.2) (Ord. No. 1781)

SEC. 15-117. PURPOSE.

The purpose of this division is to provide a method for financing interim school facilities necessitated by conditions of overcrowding caused by new residential developments.

(`64 Code, Sec. 27-77.3) (Ord. No. 1781)

SEC. 15-118. REGULATIONS.

The city council may, from time to time, by resolution issue regulations to provide for the administration and implementation of this division.

(`64 Code, Sec. 27-77.4) (Ord. No. 1781)

SEC. 15-119. GENERAL PLAN.

The 2020 General Plan provides for the location of public schools. Where facilities are to be constructed from fees or land required to be dedicated hereunder or both, they shall be consistent with such general plan.

(`64 Code, Sec. 27-77.5) (Ord. No. 1781)

SEC. 15-120. DEFINITIONS.

For purposes of this division, the following words shall have the following meanings:

(A) CONDITIONS OF OVERCROWDING - The total enrollment of a school, including enrollment from proposed development, exceed the capacity of the school as determined by the governing body of the district.

(B) DECISION-MAKING BODY - The city council, commission and such other board, commission, office or official as may be authorized or empowered to approve or make recommendations for approval of any residential development.

(C) DWELLING UNIT - A building or portion thereof, or a mobile home, designed for residential occupation by one person or a group of two or more persons living together as a domestic unit. Dwelling unit shall not mean room additions to existing residential structures.

(D) APPROVE A RESIDENTIAL DEVELOPMENT -

(1) To approve or recommend approval of an ordinance rezoning property to a residential use;

(2) To grant a building permit;

(3) To approve or recommend approval of a tentative subdivision map or parcel map for a subdivision of land; or

(4) To grant or recommend the granting of a variance, special use permit or planned development permit.

(E) REASONABLE METHODS OF MITIGATING CONDITIONS OF OVERCROWDING - Includes but is not limited to concepts such as:

(1) Agreements between a developer and the affected school district whereby temporary-use buildings will be leased to or for the benefit of the school district or

temporary-use buildings owned by the developer or school district will be used;

(2) The use of relocatable structures, student transportation, classroom double sessions, year-round school programs, school boundary realignments, and

elimination of low priority school facility uses;

(3) The use of available tax, bond, and other revenue procedures to the extent authorized by law; or

(4) The use of funds which could be available from the sale of surplus school district real property and funds available from any other sources.

(F) RESIDENTIAL DEVELOPMENT -

(1) The construction of one or more non-mobile home dwelling units;

(2) The construction of a mobile home park;

(3) The subdivision of real property for the purpose of such construction or for the purpose of converting existing multiple-family structures to condominium or stock

cooperative ownership; or

(4) The conversion to a residential use of an existing structure or part thereof pursuant to a variance, special use permit, planned development permit or other

discretionary planning permit.

(`64 Code, Sec. 27-77.6) (Ord. No. 1781)

SEC. 15-121. FINDINGS BY SCHOOL DISTRICT.

Pursuant to Cal. Gov't Code, Sections 65970 et seq., the governing board of any school district operating an elementary or high school may, with respect to any of its attendance areas located in whole or in part within the incorporated territory of the city, make and file with the city council written findings supported by clear and convincing evidence that:

(A) Conditions of overcrowding exist in one or more attendance areas which will impair the normal functioning of educational programs, including the reasons for the existence of such conditions; and

(B) All reasonable methods for mitigating conditions of overcrowding have been evaluated, and no feasible method for reducing such conditions exists.

(`64 Code, Sec. 27-77.7) (Ord. No. 1781)

SEC. 15-122. CONTENT OF FINDINGS.

Findings filed pursuant to section 15-121 shall contain the following:

(A) A precise description of the geographic boundaries of the attendance areas to which the findings relate;

(B) A list of the mitigation measures evaluated by the governing board of the school district and a statement of the reasons why such measures were found to be infeasible;

(C) A summary of the evidence upon which such findings were based;

(D) A completed application to the office of public school construction for preliminary determination of eligibility under the LeRoy F. Greene School Building Lease- Purchase Law of 1976 (Cal. Education Code, Part 10, Chapter 22, commencing with Section 17700); and

(E) Such other information as may be required by regulations adopted by the city council pursuant to this division.

(`64 Code, Sec. 27-77.8) (Ord. No. 1781)

SEC. 15-123. CONCURRENCE BY CITY COUNCIL.

After receipt of findings complying with the requirements of this division, the city council shall, by resolution, either concur in or reject such findings. Such findings may be rejected only if the city council determines that such findings are not supported by the weight of the evidence. At any time after it has concurred in or rejected such findings, the city council may reconsider the matter.

(`64 Code, Sec. 27-77.9) (Ord. No. 1781)

SEC. 15-124. SCHOOL DISTRICT SCHEDULE.

Any school district which files findings shall also file with the city council a schedule specifying how the school district will use fees or land received by it pursuant to this division to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the time when such facilities will be available. If the school district cannot meet the schedule, the school district shall file modifications with the city council together with a statement of the reasons for the modifications.

(`64 Code, Sec. 27-77.10) (Ord. No. 1781)

SEC. 15-125. FINDINGS BY CITY COUNCIL.

After receipt of the schedule the city council shall by resolution determine whether the facilities and land use specified in such schedule are consistent with the city's general plan.

(`64 Code, Sec. 27-77.11) (Ord. No. 1781)

SEC. 15-126. FINDINGS BY DECISION-MAKING BODY.

Within any attendance area where the school district has determined pursuant to this division that conditions of overcrowding exist, no decision-making body shall approve a residential development unless such decision-making body first determines one of the following:

(A) That the school district has entered into an agreement with the applicant or some other person which provides a feasible means for mitigating any aggravation of such conditions of overcrowding which would be caused by the residential development;

(B) Where the application is for a building permit, that the applicant has paid the school fees as required by this division;

(C) Where the application is for an approval which does not include the grant of a building permit, that such approval is conditioned upon the payment of school fees pursuant to this division; or

(D) That there are specific, overriding fiscal, economic, social or environmental factors which would benefit the city, thereby justifying approval of the residential development without requiring the payment of fees which would otherwise be required pursuant to this division.

(`64 Code, Sec. 27-77.12) (Ord. No. 1781)

SEC. 15-127. FACILITIES FEE.

(A) Every person carrying out a residential development in an area where school overcrowding has been determined to exist, shall pay a facilities fee for each elementary and junior high school student and an additional facilities fee for each senior high school student generated by the development. The amount of the facilities fee per student shall be set by resolution of the city council after consultation with the affected school districts, and shall bear a reasonable relationship and will be limited to the needs of the community for interim elementary, junior high and high school facilities and shall be reasonably related and limited to the need for schools caused by the residential development. However, fees shall not exceed the amount necessary to pay five annual lease payments for interim facilities prorated per student. The fee shall be paid at the time of the issuance of a building permit, or when none is required, before occupancy of an existing structure as a condominium or for residential purposes.

(B) In lieu of the payment of fees, the builder of the residential development may, at his or her option and at his or her expense, provide interim facilities, owned or controlled by the builder, at the place designated by the school district, and at the conclusion of the fifth school year the builder shall, at the builder's expense, remove the interim facilities from that place.

(`64 Code, Sec. 27-77.13) (Ord. No. 1781)

SEC. 15-128. DETERMINATION OF STUDENT POPULATION DENSITY AND DWELLING UNITS.

(A) Student population density for the purpose of this division shall be determined by resolution of the city council based upon the number of students reasonably expected to be housed in each dwelling unit in the development.

(B) The number of dwelling units shall be determined by reference to the building permits issued permitting residential development or by reference to the discretionary permit or map permitting conversion of existing structures to residential use.

(`64 Code, Sec. 27-77.14) (Ord. No. 1781)

SEC. 15-129. DEDICATION OF LAND IN LIEU OF FEES.

Upon agreement by the developer, the city council and the affected school district, a developer may dedicate land in lieu of paying the fees required by this division. The fair market value of the land so dedicated shall be equivalent to the amount of fees otherwise required.

(`64 Code, Sec. 27-77.15) (Ord. No. 1781)

SEC. 15-130. APPLICATION OF FEES.

(A) The fees collected pursuant to this division shall be remitted to the affected school districts.

(B) The fees or land, or both, shall be used by the school districts in accordance with the requirements of Cal. Gov't Code, Chapter 4.7, Division 1, Title 7.

(`64 Code, Sec. 27-77.16) (Ord. No. 1781

SEC. 15-131. SCHOOL DISTRICT REPORT; FREQUENCY THEREOF; CONTENTS.

(A) (1) Any school district receiving funds pursuant to this division shall maintain a separate account for any fees received and shall file a report with the city council on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased, or constructed during the previous fiscal year.

(2) In addition, the report shall specify which attendance areas will continue to be overcrowded when the fall term begins, and where conditions of overcrowding will

no longer exist. Such report shall be filed by August 1 of each year and shall be filed more frequently at the request of the city council.

(B) If overcrowding conditions no longer exist, the city shall cease levying fees pursuant to this division for residential development in that attendance area.

(`64 Code, Sec. 27-77.17) (Ord. No. 1781)